A court-ordered substance abuse evaluation is almost inevitable in many criminal or CPS cases, especially offenses directly related to drugs or alcohol, like drug possession and DUI.
But for purposes of this post, we’ll focus on drug and alcohol evaluations in family law proceedings, like divorce and child custody.
In terms of nuts and bolts, these proceedings vary significantly in different states. But in terms of Northern Star guiding principles, most drug and alcohol evaluations are basically the same.
From what I’ve observed as a family law attorney, the drug and alcohol evaluation process is very unpleasant. Most programs have strict rules and most counselors and therapists ask invasive questions.
Furthermore, even if participants follow the rules and answer the questions, success is not guaranteed. As outlined below, having a breathalyzer actually makes the process much easier at every turn.
How do substance abuse evaluations work?
Most judges order substance abuse evaluations at temporary hearings. These pretrial proceedings usually occur about two weeks after the petition files divorce or other legal paperwork.
Usually, until the respondent completes the substance abuse evaluation, the judge either limits or bans child visitation.
Right off the bat, the system is flawed. Loneliness is one of the biggest substance abuse triggers.1 So, by isolating a respondent, the judge unwittingly worsens an existing substance abuse issue. But this is the system in place, so at least for now, we just have to deal with it.
A meeting with an intake counselor usually begins the substance abuse evaluation process. Mostly based on the responses to certain questions (more on that below), the counselor recommends inpatient treatment, outpatient treatment, or hybrid treatment.
Intake counselors typically only take medical issues into account. They usually ignore other issues, such as the staggering cost of inpatient treatment or how inpatient treatment adversely affects professional and personal lives.
Furthermore – and this is the big one – substance abuse counselors usually assume the respondent is addicted to drugs or alcohol. If the respondent says she or he doesn’t have a problem, the counselor often claims she or he is in denial and kicks the respondent out of the program. A failed substance abuse evaluation looks very bad in court.
But having three or four months’ worth of recorded breathalyzer test results, through a remote alcohol monitoring program, often blunts the denial argument.
So, if you’re separated and there’s a chance substance abuse may be an issue, you should consider starting remote alcohol monitoring immediately to build up a record of negative test results.
What kinds of questions do they ask in a substance abuse evaluation?
1. Questions around the “why”
Substance evaluation counselors usually try to determine why a person uses drugs or alcohol. Some reasons don’t necessarily indicate addiction.
For example: If Sam only drinks at hockey games or shoots heroin when he’s at Jim’s house, he probably just needs to quit attending hockey games and ghost Jim.
Other reasons, however, are major addiction red flags. These reasons include:
- Self-medication
- Emotional loss
- Stress relief
- Sleep issues
Now, that last bullet point – sleep issues – might be the biggest red flag. Alcohol is an effective sedative. But, over the long term, alcohol disrupts sleep.
If Mary drinks a glass of wine before bed, the lack of sleep causes stressful days, causing her to drink more, and the downward spiral continues.
Many counselors also ask about family history of alcohol or drug abuse. Such questions are very invasive and often pointless, since many people hide addiction issues.
Nevertheless, if the respondent says “It’s none of your business” or “I don’t know,” counselors typically assume this person is in denial.
2. How severe is the addiction?
Next, most counselors try to determine the extent of the problem. Previous stints in rehab programs or criminal law issues, such as drug crime convictions, indicate a serious problem. So does regular use.
An apple a day keeps the doctor away, and regular breathalyzer use may be the difference between inpatient and outpatient treatment.
Regularly taking breathalyzer tests and recording the results, through services like BACtrack View – even if an astonishingly high number of tests are positive for alcohol – indicates self-awareness to a judge.
3. Do you get tested during a substance abuse evaluation?
You absolutely do.
Most programs don’t use breathalyzers. Even the most hard-core addicts know they must sober up before they see addiction counselors or show up at therapy sessions. Instead, common drug tests at substance abuse evaluations include hair, blood, and urine tests.
Now, a few words about marijuana substance abuse evaluations. One in five Americans use this drug, mostly for recreational purposes.2
Some people drink lots of water or ingest system-cleansing powders, thinking they can flush their systems and “beat” marijuana tests. That may be true in a few cases, especially if the person takes a urine test. But for the most part, flushing your system is an urban myth.
Expect drug tests at the initial evaluation, or a few days prior to an initial evaluation. Also expect random drug tests during the course of a treatment program.Most programs send text messages to people at random times of day or night, instructing them to drop what they’re doing and report to clinics within an hour or two.
Breathalyzer test results – especially if the tests occurred at randomized times, through a remote alcohol monitoring program – often convince counselors to reduce the number of random tests they order, or even eliminate random tests altogether.
How long does a substance abuse evaluation take?
Many years ago, one of my dad’s relatives was a loan shark. When people asked how much was left on their loans, he said, “Keep making payments, and I’ll tell you when to stop.”
A substance abuse evaluation’s length is roughly the same. You stay until someone tells you it’s time to go.
Most initial evaluations are rather brief. The counselor examines medical records, asks questions as outlined above… and that’s about it.
Program lengths vary significantly. Many outpatient substance abuse programs are mostly self-paced 12-step programs. If people take these programs seriously, they often go into remission in a few months.
It’s also important to keep in mind that outpatient programs typically lack medical treatment. Home breathalyzer test results provide necessary medical evidence of remission.
Inpatient program lengths vary significantly as well. Most programs include a combination of medical treatment and individual and/or group therapy. People usually remain in these programs until they hit certain medical milestones and their counselors are satisfied that they’re in remission.
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